A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On November 1, 2016, the Defendant was issued a summary order of KRW 2 million by the Busan District Court due to a crime of violation of the Road Traffic Act.

On August 1, 2019, at around 17:45, the Defendant, who had been punished for drunk driving, driven a 125CC which was not covered by mandatory insurance at a section of about 500 meters from the Defendant’s residence located in Busan B to the front road located in Busan B, with the blood alcohol concentration of about 0.175%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquirying the results of the drinking driving control, and mandatory insurance;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;